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AB-2381 Address confidentiality.(2021-2022)

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Date Published: 03/24/2022 09:00 PM
AB2381:v97#DOCUMENT

Amended  IN  Assembly  March 24, 2022
Amended  IN  Assembly  March 10, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 2381

Introduced by Assembly Member Daly

February 17, 2022

An act to add Chapter 3.23 (commencing with Section 6217) to Division 7 of Title 1 of amend Sections 6215 and 6215.2 of, and to amend the heading of Chapter 3.2 (commencing with Section 6215) of Division 7 of Title 1 of, the Government Code, relating to address confidentiality.


LEGISLATIVE COUNSEL'S DIGEST


AB 2381, as amended, Daly. Code enforcement officers: address confidentiality program. Address confidentiality.
Existing law authorizes reproductive health care service providers, employees, volunteers, and patients to complete an application to be approved by the Secretary of State for the purposes of enabling state and local agencies to respond to requests for public records without disclosing a program participant’s residence address contained in any public record and otherwise provide for confidentiality of identity for that person, subject to specified conditions. Existing law requires an applicant seeking address confidentiality under this program due to their affiliation with a reproductive health care services facility to provide a certified statement signed by a person authorized by the reproductive health care services facility stating that the facility or any of its providers, employees, volunteers, or patients is or was the target of threats or acts of violence within one year of the date of the application. Under existing law, any person who makes a false statement in an application is guilty of a misdemeanor.
This bill would authorize an applicant seeking address confidentiality under this program to submit a certified statement by the employee, patient, or volunteer for a reproductive health care services facility that they have been the target of threats or acts of violence, or a workplace violence restraining order issued because of threats or acts of violence connected with a reproductive health care services facility, as specified, instead of a certified statement from a representative of the reproductive health care services facility.
This bill would also expand the address confidentiality program to include other individuals who face threats of violence or violence from the public because of their work, employment, or volunteer service. The bill would require an individual seeking to make their address confidential under these provisions to complete the application in person at a community-based assistance program designated by the Secretary of State. The bill would require the application process to include a requirement that the applicant meet with a counselor and receive orientation information about the program. By imposing new duties on local public officials and expanding the scope of a crime, this bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law establishes an address confidentiality program for victims of domestic violence, sexual assault, stalking, human trafficking, or elder or dependent adult abuse, commonly known as the Safe at Home program, under which an adult person, or a guardian on behalf of a minor or an incapacitated person, states that they are a victim of domestic violence, sexual assault, stalking, human trafficking, or elder or dependent adult abuse, and designates the Secretary of State as the agent for service of process and receipt of mail. Under existing law, when the Secretary of State certifies the person as a program participant, the person’s actual address is confidential. Under existing law, any person who makes a false statement in an application is guilty of a misdemeanor.

This bill would create a similar program for code enforcement officers, as defined. This bill would require the Secretary of State to approve an application of a program participant for a substitute address to be designated by the secretary. The secretary would also be required to charge program participants a fee to defray the actual costs of maintaining the program and to reimburse the General Fund, as specified. The bill would establish the Address Confidentiality for Code Enforcement Officers Fund and would provide that moneys in that fund, upon appropriation by the Legislature, are available for the administration of the program. The bill would permit a program participant to request that state and local agencies use the address designated by the Secretary of State as their address. By imposing new duties on local public officials and creating a new crime, this bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 The heading of Chapter 3.2 (commencing with Section 6215) of Division 7 of Title 1 of the Government Code is amended to read:
CHAPTER  3.2. Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, and Patients Patients, and Other Individuals Who Face Threats or Violence Because of Work, Employment, or Volunteer Service

SEC. 2.

 Section 6215 of the Government Code is amended to read:

6215.
 The Legislature finds and declares the following:
(a) Persons working in the reproductive health care field, specifically the provision of terminating a pregnancy, are often subject to harassment, threats, and acts of violence by persons or groups.

(b)

(1) In 2000, 30 percent of respondents to a Senate Office of Research survey of 172 California reproductive health care providers reported they or their families had been targets of acts of violence by groups that oppose reproductive rights at locations away from their clinics or offices.

(c)

(2) Persons and groups that oppose reproductive rights attempt to stop the provision of legal reproductive health care services by threatening reproductive health care service providers, clinics, employees, volunteers, and patients. The names, photographs, spouses’ names, and home addresses of these providers, employees, volunteers, and patients have been posted on Internet Web sites. From one Web site website list that includes personal information of reproductive health care service providers, seven persons have been murdered and 14 have been injured. As of August 5, 2002, there are 78 Californians listed on this site. The threat of violence toward reproductive health care service providers and those who assist them has clearly extended beyond the clinic and into the home.

(d)

(3) Nationally, between 1992 and 1996, the number of reproductive health care service providers declined by 14 percent. Nearly one out of every four women must travel more than 50 miles to obtain reproductive health care services dealing with the termination of a pregnancy. There exists a fear on the part of physicians to enter the reproductive health care field and to provide reproductive health care services.

(e)

(4) Reproductive health care services are legal medical procedures. In order to prevent potential acts of violence from being committed against providers, employees, and volunteers who assist in the provision of reproductive health care services and the patients seeking those services, it is necessary for the Legislature to ensure that the home address information of these individuals is kept confidential.
(b) Other individuals are also subject to harassment, threats, and acts of violence from the public because of their work with the public, which have become more frequent and serious since the start of the COVID-19 pandemic. They include, but are not limited to, public health officers and public health workers, election workers and volunteers, school board members, and code enforcement officers. While many of these individuals wish to protect the confidentiality of their home addresses by means of address confidentiality programs operated by the Secretary of State, they may not be eligible to do so under current law. It is the intent of the Legislature in this chapter to offer address protection services to persons whose occupation or volunteer service exposes them to risks of violence, threats, or harassment from the public that are equivalent to what is experienced by those now eligible for the address confidentiality program pursuant to this chapter.

(f)

(c) The purpose of this chapter is to enable state and local agencies to respond to requests for public records without disclosing the residential location of a reproductive health care services provider, employee, volunteer, or patient, or other individual who faces threats of violence or violence from the public because of their work, employment, or volunteer service, to enable interagency cooperation with the Secretary of State in providing address confidentiality for reproductive health care services providers, employees, volunteers, and patients, program participants and to enable state and local agencies to accept a program participant’s use of an address designated by the Secretary of State as a substitute mailing address.

SEC. 3.

 Section 6215.2 of the Government Code is amended to read:

6215.2.
 (a) An adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person, who is domiciled in California, may apply to the Secretary of State to have an address designated by the Secretary of State to serve as the person’s address or the address of the minor or incapacitated person. An application shall be completed in person at a community-based assistance program designated by the Secretary of State. The application process shall include a requirement that the applicant shall meet with a counselor and receive orientation information about the program. The Secretary of State shall approve an application if it is filed in the manner and on the form prescribed by the Secretary of State and if it contains all of the following:
(1) If the applicant alleges that the basis for the application is that the applicant, or the minor or incapacitated person on whose behalf the application is made, is a reproductive health care service provider, employee, or volunteer who is fearful for his or her their safety or the safety of his or her their family because of his or her their affiliation with a reproductive health care services facility, the application shall be accompanied by all of the following:
(A) Documentation showing that the individual is to commence employment or is currently employed as a provider or employee at a reproductive health care services facility or is volunteering at a reproductive health care services facility.
(B) A One of the following:
(i) A certified statement signed by a person authorized by the reproductive health care services facility stating that the facility or any of its providers, employees, volunteers, or patients is or was the target of threats or acts of violence within one year of the date of the application. A person who willfully certifies as true any material matter pursuant to this section which he or she the person knows to be false is guilty of a misdemeanor.
(ii) A certified statement signed by the employee or patient of, or volunteer for, the reproductive health care services facility stating that they have been the target of threats or acts of violence within one year of the date of the application because of their association with the reproductive health care services facility. A person who willfully certifies as true any material matter pursuant to this section which the person knows to be false is guilty of a misdemeanor.
(iii) A workplace violence restraining order described in Section 527.8 of the Code of Civil Procedure issued after a noticed hearing, or a civil restraining order described in Section 527.6 of the Code of Civil Procedure, issued after a noticed hearing, protecting the applicant or the minor or incapacitated person on whose behalf the application is made. The order must be based upon threats or acts of violence to the applicant or the minor or incapacitated person on whose behalf the application is made and connected with the reproductive health care services facility.
(C) A sworn statement that the applicant fears for his or her their safety or the safety of his or her their family, or the safety of the minor or incapacitated person on whose behalf the application is made due to his or her their affiliation with the reproductive health care services facility providing authorized to provide the declaration described in subparagraph (B).
(2) If the applicant alleges that the basis for the application is that the applicant is a reproductive health care services facility volunteer, the application shall, in addition to the documents specified in paragraph (1), be accompanied by reproductive health care services facility documentation showing the length of time the volunteer has committed to working at the facility.
(3) If the applicant alleges that the basis of the application is that the applicant, or the minor or incapacitated person on whose behalf the application is made, is a person who is or has been the target of threats or acts of violence because he or she is they are obtaining or seeking to obtain services at a reproductive health care services facility within one year of the date of the application, the application shall be accompanied by the following:
(A) A sworn statement that the applicant has good reason to fear for his or her their safety or the safety of his or her their family.
(B) Any police, court, or other government agency records or files that show any complaints of the alleged threats or acts of violence.
(4) A designation of the Secretary of State as agent for purposes of service of process and for the purpose of receipt of mail.
(A) Service on the Secretary of State of any summons, writ, notice, demand, or process shall be made by delivering to the address confidentiality program personnel of the office of the Secretary of State two copies of the summons, writ, notice, demand, or process.
(B) If a summons, writ, notice, demand, or process is served on the Secretary of State, the Secretary of State shall immediately cause a copy to be forwarded to the program participant at the address shown on the records of the address confidentiality program so that the summons, writ, notice, demand, or process is received by the program participant within three days of the Secretary of State’s having received it.
(C) The Secretary of State shall keep a record of all summonses, writs, notices, demands, and processes served upon the Secretary of State under this section and shall record the time of that service and the Secretary of State’s action.
(D) The office of the Secretary of State and any agent or person employed by the Secretary of State shall be held harmless from any liability in any action brought by any person injured or harmed as a result of the handling of first-class mail on behalf of program participants.
(5) The mailing address where the applicant can be contacted by the Secretary of State, and the telephone number or numbers where the applicant can be called by the Secretary of State.
(6) The address or addresses that the applicant requests not be disclosed for the reason that disclosure will increase the risk of acts of violence toward the applicant.
(7) The signature of the applicant and of any individual or representative of any office designated in writing who assisted in the preparation of the application, and the date on which the applicant signed the application.
(b) An application may be submitted on the basis that a worker, employee, or volunteer faces threats of violence or violence from the public because of their work, employment, or volunteer service. An adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person, who is domiciled in California, may apply to the Secretary of State to have an address designated by the Secretary of State to serve as the person’s address or the address of the minor or incapacitated person. An application shall be completed in person at a community-based assistance program designated by the Secretary of State. The application process shall include a requirement that the applicant shall meet with a counselor and receive orientation information about the program. The Secretary of State shall approve an application if it is filed in the manner and on the form prescribed by the Secretary of State and if it contains all of the following:
(1) If the applicant alleges that the basis for the application is that the applicant, or the minor or incapacitated person on whose behalf the application is made is a worker, employee, or volunteer who faces threats of violence or violence from the public because of their work, employment, or volunteer service who is fearful for their safety or the safety of their family because of their work, employment, or volunteer service, the application shall be accompanied by all of the following:
(A) Documentation showing that the individual is to commence employment or is currently employed in an occupation where employees have faced threats of violence or violence from the public because of their occupation, or is volunteering in such an occupation.
(B) One of the following:
(i) A certified statement signed by a person affiliated with the applicant’s place of work, employment, or volunteer service who has personal knowledge of the circumstances at the place of work, employment, or volunteer service, stating that workers, employees, or volunteers have been the target of threats or acts of violence within one year of the date of the application. A person who willfully certifies as true any material matter pursuant to this section which the person knows to be false is guilty of a misdemeanor.
(ii) A certified statement signed by the worker, employee, or volunteer stating that they have been the target of threats or acts of violence within one year of the date of the application because of their occupation or volunteer work. A person who willfully certifies as true any material matter pursuant to this section which the person knows to be false is guilty of a misdemeanor.
(iii) A workplace violence restraining order described in Section 527.8 of the Code of Civil Procedure issued after a noticed hearing, or a civil restraining order described in Section 527.6 of the Code of Civil Procedure, issued after a noticed hearing, protecting the applicant or the minor or incapacitated person on whose behalf the application is made. The order must be based upon threats or acts of violence connected with the work, employment, or volunteer service of the applicant or the minor or incapacitated person on whose behalf the application is made.
(C) A sworn statement that the applicant fears for their safety or the safety of their family, or the safety of the minor or incapacitated person on whose behalf the application is made due to their work, employment, or volunteer service.
(2) If the applicant alleges that the basis for the application is that the applicant is a volunteer who faces threats of violence or violence from the public because of their volunteer service, the application shall, in addition to the documents specified in paragraph (1), be accompanied by documentation showing the length of time the volunteer has committed to working in their volunteer capacity.
(3) A designation of the Secretary of State as agent for purposes of service of process and for the purpose of receipt of mail.
(A) Service on the Secretary of State of any summons, writ, notice, demand, or process shall be made by delivering to the address confidentiality program personnel of the office of the Secretary of State two copies of the summons, writ, notice, demand, or process.
(B) If a summons, writ, notice, demand, or process is served on the Secretary of State, the Secretary of State shall immediately cause a copy to be forwarded to the program participant at the address shown on the records of the address confidentiality program so that the summons, writ, notice, demand, or process is received by the program participant within three days of the Secretary of State’s having received it.
(C) The Secretary of State shall keep a record of all summonses, writs, notices, demands, and processes served upon the Secretary of State under this section and shall record the time of that service and the Secretary of State’s action.
(D) The office of the Secretary of State and any agent or person employed by the Secretary of State shall be held harmless from any liability in any action brought by any person injured or harmed as a result of the handling of first-class mail on behalf of program participants.
(4) The mailing address where the applicant can be contacted by the Secretary of State, and the telephone number or numbers where the applicant can be called by the Secretary of State.
(5) The address or addresses that the applicant requests not be disclosed for the reason that disclosure will increase the risk of acts of violence toward the applicant.
(6) The signature of the applicant and of any individual or representative of any office designated in writing who assisted in the preparation of the application, and the date on which the applicant signed the application.

(b)

(c) Applications shall be filed with the office of the Secretary of State.

(c)

(d) Applications submitted by a reproductive health care services facility, its providers, employees, or volunteers shall be accompanied by payment of a fee to be determined by the Secretary of State. This fee shall not exceed the actual costs of enrolling in the program. In addition, annual fees may also be assessed by the Secretary of State to defray the actual costs of maintaining this program. Annual fees assessed by the Secretary of State shall also be used to reimburse the General Fund for any amounts expended from that fund for the purposes of this chapter. No applicant who is a patient of a reproductive health care services facility shall be required to pay an application fee or the annual fee under this program.

(d)

(e) The Address Confidentiality for Reproductive Health Care Services Fund is hereby created in the General Fund. Upon appropriation by the Legislature, moneys in the fund are available for the administration of the program established pursuant to this chapter.

(e)

(f) Upon filing a properly completed application, the Secretary of State shall certify the applicant as a program participant. Applicants, with the exception of reproductive health care services facilities volunteers, shall be certified for four years following the date of filing unless the certification is withdrawn, or invalidated before that date. Reproductive health care services facility volunteers Volunteers shall be certified until six months from the last date of volunteering with the facility. their volunteer service. The Secretary of State shall by rule establish a renewal procedure. A minor program participant, who reaches 18 years of age, may renew as an adult following the renewal procedures established by the Secretary of State.

(f)

(g) A person who falsely attests in an application that disclosure of the applicant’s address would endanger the applicant’s safety or the safety of the applicant’s family or the minor or incapacitated person on whose behalf the application is made, or who knowingly provides false or incorrect information upon making an application, is guilty of a misdemeanor. A notice shall be printed in bold type and in a conspicuous location on the face of the application informing the applicant of the penalties under this subdivision.

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Chapter 3.23 (commencing with Section 6217) is added to Division 7 of Title 1 of the Government Code, to read:
3.23.Address Confidentiality for Code Enforcement Officers
6217.

The Legislature finds and declares that code enforcement officers are disproportionally at risk for threat, assault, injury, and even homicide due to the nature of their obligations.

6217.1.

For the purposes of this chapter, the following definitions apply:

(a)“Address” means a residential street address, school address, or work address of an individual, as specified on the individual’s application to be a program participant under this chapter.

(b)“Code enforcement officer” has the same meaning as defined in subdivision (c) of Section 26206 of the Health and Safety Code, Section 829.5 of the Penal Code, or as defined by a local agency.

(c)“Domicile” means a place of habitation as defined in Section 349 of the Elections Code.

(d)“Immediate relative” means a spouse, child, in-law, parent, or sibling of a code enforcement officer, or any other person who shares a household with the code enforcement officer.

(e)“Program participant” means a person certified as a program participant pursuant to Section 6217.2.

6217.2.

(a) An adult person, who is domiciled in California, may apply to the Secretary of State to have an address designated by the Secretary of State to serve as the person’s address. An application shall be completed in person at a community-based assistance program designated by the Secretary of State. The application process may include a requirement that the applicant shall meet with a counselor and receive orientation information about the program. The Secretary of State shall approve an application if it is filed in the manner and on the form prescribed by the Secretary of State and if it contains all of the following:

(1)If the applicant alleges that the basis for the application is that the applicant is a code enforcement officer or an immediate relative of a code enforcement officer, who is fearful for their safety or the safety of their family due to their capacity as a code enforcement officer, the application shall be accompanied by all of the following:

(A)Documentation showing that the individual is to commence employment or is currently employed with the duties of a code enforcement officer.

(B)A certified statement by the code enforcement officer that they are or were the target of threats or acts of violence. A person who willfully certifies as true any material matter pursuant to this section that they know to be false is guilty of a misdemeanor.

(C) A sworn statement that the applicant fears for their safety or the safety of their family, due to their capacity as a code enforcement officer providing the declaration described in subparagraph (B).

(2)(A)A designation of the Secretary of State as agent for purposes of service of process and for the purpose of receipt of mail.

(B) Service on the Secretary of State of any summons, writ, notice, demand, or process shall be made by delivering to the address confidentiality program personnel of the office of the Secretary of State two copies of the summons, writ, notice, demand, or process.

(C)If a summons, writ, notice, demand, or process is served on the Secretary of State, the Secretary of State shall immediately cause a copy to be forwarded to the program participant at the address shown on the records of the address confidentiality program so that the summons, writ, notice, demand, or process is received by the program participant within three days of the Secretary of State’s having received it.

(D)The Secretary of State shall keep a record of all summonses, writs, notices, demands, and processes served upon the Secretary of State under this section and shall record the time of that service and the Secretary of State’s action.

(E) The office of the Secretary of State and any agent or person employed by the Secretary of State shall be held harmless from any liability in any action brought by any person injured or harmed as a result of the handling of first-class mail on behalf of program participants.

(3)The mailing address where the applicant can be contacted by the Secretary of State, and the telephone number or numbers where the applicant can be called by the Secretary of State.

(4)The address or addresses that the applicant requests not be disclosed for the reason that disclosure will increase the risk of acts of violence toward the applicant.

(5)The signature of the applicant and of any individual or representative of any office designated in writing who assisted in the preparation of the application, and the date on which the applicant signed the application.

(b) Applications shall be filed with the office of the Secretary of State.

(c)Applications submitted by code enforcement officer shall be accompanied by payment of a fee to be determined by the Secretary of State. This fee shall not exceed the actual costs of enrolling in the program. In addition, annual fees may also be assessed by the Secretary of State to defray the actual costs of maintaining this program. Annual fees assessed by the Secretary of State shall also be used to reimburse the General Fund for any amounts expended from that fund for the purposes of this chapter.

(d)The Address Confidentiality for Code Enforcement Officers Fund is hereby created in the General Fund. Upon appropriation by the Legislature, moneys in the fund are available for the administration of the program established pursuant to this chapter.

(e) Upon filing a properly completed application, the Secretary of State shall certify the applicant as a program participant. Applicants shall be certified for four years following the date of filing unless the certification is withdrawn, or invalidated before that date. The Secretary of State shall by rule establish a renewal procedure. A minor program participant, who reaches 18 years of age, may renew as an adult following the renewal procedures established by the Secretary of State.

(f)A person who falsely attests in an application that disclosure of the applicant’s address would endanger the applicant’s safety or the safety of the applicant’s family or the minor or incapacitated person on whose behalf the application is made, or who knowingly provides false or incorrect information upon making an application, is guilty of a misdemeanor. A notice shall be printed in bold type and in a conspicuous location on the face of the application informing the applicant of the penalties under this subdivision.

6217.3.

(a)A program participant may withdraw from program participation by submitting to the Secretary of State written notification of withdrawal and their current identification card. Certification shall be terminated on the date of receipt of this notification.

(b)The Secretary of State may terminate a program participant’s certification and invalidate their authorization card for any of the following reasons:

(1)The program participant’s certification term has expired and certification renewal has not been completed.

(2)The Secretary of State has determined that false information was used in the application process to qualify as a program participant or that participation in the program is being used as a subterfuge to avoid detection of illegal or criminal activity or apprehension by law enforcement.

(3)The program participant no longer resides at the residential address provided to the Secretary of State, and has not provided at least seven days’ prior notice in writing of a change in address.

(4)A service of process document or mail forwarded to the program participant by the Secretary of State is returned as nondeliverable.

(5)The program participant fails to disclose a change in employment or termination as code enforcement officer.

(6)The program participant, who reaches 18 years of age during their certification term, has not renewed their certification within 60 days of reaching 18 years of age.

(c)The Secretary of State may refuse to renew a program participant’s certification if the adult program participant or the parent or guardian acting on behalf of a minor or incapacitated person has abandoned their domicile in this state.

(d)If termination is based on any of the reasons under subdivision (b) or (c), the Secretary of State shall send written notification of the intended termination to the program participant. The program participant shall have 30 business days in which to appeal the termination under procedures developed by the Secretary of State.

(e)The Secretary of State shall notify in writing the county elections official and authorized personnel of the appropriate county clerk’s office, and county recording office of the program participant’s certification withdrawal, invalidation, expiration, or termination.

(f)Upon receipt of this termination notification, authorized personnel shall transmit to the Secretary of State all appropriate administrative records pertaining to the program participant and the record transmitting agency is no longer responsible for maintaining the confidentiality of a terminated program participant’s record.

(g)Following termination of program participant certification as a result of paragraph (2) of subdivision (b), the Secretary of State may disclose information contained in the participant’s application.

6217.4.

(a) A program participant may request that state and local agencies use the address designated by the Secretary of State as their address. When creating a public record, state and local agencies shall accept the address designated by the Secretary of State as a program participant’s substitute address, unless the Secretary of State has determined both of the following:

(1)The agency has a bona fide statutory or administrative requirement for the use of the address that would otherwise be confidential under this chapter.

(2)This address will be used only for those statutory and administrative purposes and shall not be publicly disseminated.

(b)A program participant may request that state and local agencies use the address designated by the Secretary of State as their address. When modifying or maintaining a public record, excluding the record of any birth, fetal death, death, or marriage registered under Division 102 (commencing with Section 102100) of the Health and Safety Code, state and local agencies shall accept the address designated by the Secretary of State as a program participant’s substitute address, unless the Secretary of State has determined both of the following:

(1)The agency has a bona fide statutory or administrative requirement for the use of the address that would otherwise be confidential under this chapter.

(2)This address will be used only for those statutory and administrative purposes and shall not be publicly disseminated.

(c)A program participant may use the address designated by the Secretary of State as their work address.

(d)The office of the Secretary of State shall forward all first-class mail and all mail sent by a governmental agency to the appropriate program participants. The office of the Secretary of State may, in its discretion, refuse to handle or forward packages regardless of size or type of mailing.

(e) Notwithstanding subdivision (a), program participants shall comply with the provisions specified in subdivision (d) of Section 1808.21 of the Vehicle Code if requesting suppression of the records maintained by the Department of Motor Vehicles. Program participants shall also comply with all other provisions of the Vehicle Code relating to providing current address information to the department.

6217.5.

The Secretary of State shall designate state and local agencies and nonprofit agencies that may assist persons applying to be program participants. Any assistance and counseling rendered by the office of the Secretary of State or its designees to applicants shall in no way be construed as legal advice.

6217.6.

The Secretary of State may adopt rules to facilitate the administration of this chapter by state and local agencies. The Secretary of State shall administer this chapter together with and in the same manner as the Address Confidentiality For Victims of Domestic Violence and Stalking (Safe at Home) program.

6217.7.

(a)A person, business, or association shall not publicly post or publicly display on the internet the home address of a program participant who has made a written demand of that person, business, or association to not disclose the home address of the program participant.

(b)A person, business, or association shall not knowingly post the home address of a program participant, or of the program participant’s residing spouse or child, on the internet knowing that person is a program participant and intending to cause imminent great bodily harm that is likely to occur or threatening to cause imminent great bodily harm to that individual.

(c)This section does not apply to an interactive computer service or access software provider, as defined in Section 230(f) of Title 47 of the United States Code, unless the service or provider intends to abet or cause imminent great bodily harm that is likely to occur or threatens to cause imminent great bodily harm to a program participant.

6217.8.

The Secretary of State shall provide each program participant a notice in clear and conspicuous font that contains all of the following information:

(a) The program participant is authorized by law to request to use their address designated by the Secretary of State on real property deeds, change of ownership forms, and deeds of trust when purchasing or selling a home.

(b)The program participant may create a revocable living trust and place their real property into the trust to protect their residential street address from disclosure in real property transactions.

(c)The program participant may obtain a change of their legal name to protect their anonymity.

(d)A list of contact information for entities that the program participant may contact to receive information on, or receive legal services for, the creation of a trust to hold real property or obtaining a name change, including county bar associations, legal aid societies, state and local agencies, or other nonprofit organizations that may be able to assist program participants.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.